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  1. #11
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Dropped Charges

    Quote Quoting Notguiltyec98
    View Post
    The sheriff came to me and said they had no evidence. However, he told me that it was a citizen's arrest. Fortunately for me, all they could do was write me a ticket. The deputy did not tell me that. My dad was also wrongly accused. He actually got arrested, but his charges were also dropped and he never appeared before a judge. He also wasn't read his rights by the same deputy. It's all a cluster. I only want to know if I gotta talk to a judge or not
    A private person's arrest (aka a citizen's arrest) must be supported by probable cause - even if said cause is merely the statement of the alleged victim. And, no, the officers did have a choice - they could have taken you to jail (where you would have been released with a notice to appear ... i.e. a ticket). They opted to cite you at the scene, likely because the evidence was weak, and the chances of the altercation continuing was small to non-existant.

    As for reading one's rights, this is not required for an arrest, only for an interrogation while in custody. Very few arrests result in Miranda rights being read.

    Unless you receive word IN WRITING that you no longer have to appear at the location indicated on the cite at the listed date and time, plan to attend. While the victim may have asked for the matter to be dropped - and it may have been - unless you receive written confirmation, go to court as indicated!

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